INDUSTRIAL COURT, KUALA LUMPUR
ROBERT TI V.ECM LIBRA AVENUE SECURITIES SDN BHD
| Table of Content |
|---|
| 1. dispute over dismissal details. (Para 1 , 1 , 2 , 3 , 4) |
| 2. use of evidence from the hearing. (Para 5) |
| 3. burden of proof on the company. (Para 6 , 7 , 12 , 13) |
| 4. misconduct charges against claimant. (Para 10 , 30) |
| 5. charges against claimant outlined. (Para 11) |
| 6. evidence evaluation supporting claimant's misconduct. (Para 19 , 20 , 21) |
| 7. neglecting duty to report to superior. (Para 22 , 27) |
| 8. determination of breach of confidentiality. (Para 32 , 33 , 34 , 35) |
[1]The parties to the dispute are Encik Robert Ti ("The claimant")and ECM Libra Avenue Securities Sdn Bhd ("the respondent")(the company).The dispute which has been referred to the Industrial Court by way of aMinisterial Reference under s 20(3)of the Industrial Relations Act 1967 ("theAct")is over the dismissal of the claimant by the company on 19 December 2007.
Background Facts
[2]The claimant commenced employment with the company on23 January 2007 as the Head of Corporate Finance, Investment Banking Division(Grade 2A, Rank ED). The company's principal activities are the provision ofcorporate advisory services and stockbroking.
[3]In or about 2007, the company together with CreditSuisse (Singapore)Limited was ad
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